Contract/Dept. of Toxic Substances Control
April 15, 2002
STATE WATER RESOURCES CONTROL BOARD
BOARD MEETING - DIVISION OF CLEAN WATER PROGRAMS
MAY 16, 2002
ITEM 13
SUBJECT
CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE OFFICER TO EXECUTE AN INTERAGENCY AGREEMENT (IA) WITH THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL (DTSC) FOR THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) AND REGIONAL WATER QUALITY CONTROL BOARDS (RWQCBs) TO PROVIDE REGULATORY OVERSIGHT OF SITE REMEDIATION AT UNITED STATES DEPARTMENT OF DEFENSE (DoD) FACILITIES
DISCUSSION
The RWQCBs and the DTSC have been overseeing cleanup at DoD facilities for several years. The DTSC is the sole recipient of funding through a two-year DoD Cooperative Agreement to support cleanup oversight. The DTSC provides DoD funding to the SWRCB through an IA.
RWQCBs oversee cleanup at approximately 100 DoD facilities related to the DoD Cooperative Agreement. RWQCBs are the lead agencies for oversight of petroleum cleanups at all DoD facilities. During Fiscal Year (FY) 1997-98, in order to reduce regulatory overlap, either DTSC or a RWQCB was identified as the lead oversight agency for non-petroleum cleanups. RWQCBs are lead agencies at 35 facilities.
According to a 2000 DoD Report to Congress, responses, such as investigations, interim actions, design, cleanup, and long-term monitoring, have been completed at 48% of California’s sites (1,934 of 4,029). Responses are underway on the majority of the remaining sites.
The DTSC and the SWRCB staff are negotiating an IA for FYs 2002-03 and 2003-04 to continue funding from DoD for RWQCB cleanup oversight at military facilities. The oversight by the RWQCBs is to ensure water quality concerns are addressed in response actions at military facilities.
POLICY ISSUE
Should the SWRCB continue to be a party to an Interagency Agreement as a mechanism to fund oversight of cleanups at DoD facilities that are under the DoD Cooperative Agreement?
FISCAL IMPACT
Currently, the SWRCB has $4.8 million identified in the SWRCB's FY 2002-03 budget. It is anticipated that each of the FY 2002-03 and FY 2003-04 budgets will be close to the $4.8 million identified in the SWRCB’s FY 2002-03 budget.
RWQCB IMPACT
Yes, all RWQCBs.
STAFF RECOMMENDATION
That the SWRCB authorize the Executive Director, or her designee, to execute an IA.
DRAFT
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2002-____
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN INTERAGENCY AGREEMENT (IA) WITH THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL (DTSC) FOR THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) AND REGIONAL WATER QUALITY CONTROL BOARDS TO PROVIDE
REGULATORY OVERSIGHT OF SITE REMEDIATION AT
UNITED STATES DEPARTMENT OF DEFENSE (DoD) FACILITIES
WHEREAS:
- The SWRCB has been funded previously through Cooperative Agreements by DoD and has actively participated in the DoD Environmental Restoration Program.
- California Environmental Protection Agency designated DTSC to be the sole recipient of funding through DoD Cooperative Agreements.
- The SWRCB and DTSC have agreed to split lead responsibility at DoD facilities in order to reduce duplication of cleanup oversight.
- DTSC will provide DoD funding to the SWRCB through an IA to ensure water quality concerns are addressed in response actions at military facilities.
- Approval of this IA will ensure that there will be coordinated State agency oversight of the DoD facility cleanup activities, including those activities at closing facilities.
THEREFORE BE IT RESOLVED:
The State Water Resources Control Board authorizes the Executive Director to execute an approximately $9.6 million, two-year IA with DTSC for oversight of the cleanup of military facilities during Fiscal Years 2002-03 and 2003-04.
CERTIFICATION
The undersigned, Clerk to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 16, 2002.
Maureen Marché
Clerk to the Board